If someone you know has died in the state of Florida without a will, the estate will be divided up through intestacy law. Only those assets that would have passed through your will are affected by intestate succession.

Read the following to understand intestacy laws in the state of Florida:

• If the deceased has surviving children but no spouse, the children receive all of the estate.
• If the deceased has a surviving spouse but no descendants, the spouse inherits all of the estate.
• If the deceased has a surviving spouse and descendants from the deceased and the spouse, with no other descendants of the spouse, the spouse receives all of the estate.
• If the deceased has a surviving spouse and descendants from the deceased and the spouse, with descendants of the spouse as well, the spouse inherits half of the estate property, and the descendants of the deceased inherit the other half of the estate.
• If the deceased has a surviving spouse and descendants from you and the spouse, with descendants from the deceased and someone other than the spouse, the spouse inherits half of the estate property, and the deceased descendants inherit the other half of the estate property.

Adopted children receive an intestate share the same as biological children do. Foster and stepchildren that the deceased never legally adopted will not automatically receive a share. Children the deceased placed for adoption who were legally adopted by another family do not receive a portion of the estate. The grandchildren of the deceased will receive a share too if their parent has died before you do.

To learn more about intestacy law, visit www.nolo.com.

For more information on intestacy laws in Florida, or if you are dealing with the estate of a loved one, contact Meyerson and O’Neill law firm today at 877-373-8059.